As used in this chapter the following words, terms and phrases, shall have the meanings defined in this section, unless another meaning is clearly apparent from the context:

Donation collection container shall mean any metal, plastic, cardboard or wooden box, bin container, trailer, accessory building or similar facility located outside of an enclosed building or in a parking lot or public place, provided by a person, organization, or collection center for the primary purpose of receiving or storing donated items, including household goods and clothing.

Operate shall mean to place, operate, maintain, own or otherwise control a donation collection container.

Operator shall mean any person who operates a donation collection container in the city.

Person shall mean any natural person, firm, association, joint venture, joint stock company, partnership, organization, club, company, corporation, business trust or the manager, lessee, agent, servant, officer or employee or any of them, except as otherwise provided in this Code or where the context clearly requires a different meaning.

(Ord. No. 2012-12, § 1(9.20.010), 12-6-2012; Ord. No. 2023-13, § 35, 8-17-2023)

Except as expressly provided for in Sections 9.280.030 and 9.280.040 of this chapter, no person shall operate a donation collection container within any zone in the city, and no person shall allow any other person to operate a donation collection container on property they own, lease, manage or control within any zone in the city.

(Ord. No. 2012-12, § 1(9.20.020), 12-6-2012)

A.

Recyclable materials. The prohibition contained in this chapter shall not apply to a donation collection container that is used exclusively for the collection of recyclable materials by a solid waste collector pursuant to Chapter 6.75 of this Code.

B.

Non-profit fundraisers. The prohibition contained in this chapter shall not apply to a donation collection container sponsored by a not-for-profit school or other not-for-profit group as a temporary fundraiser and that is fully staffed by attendants. A temporary fundraiser shall be limited in duration to a maximum consecutive three (3) day period up to four (4) times per year and after the not-for-profit has registered with the city.

(Ord. No. 2012-12, § 1(9.20.030), 12-6-2012)

Section 9.240.080 shall not apply to donation collection containers. Instead, all operators of donation collection containers existing on the effective date of the ordinance from which this chapter is derived shall have ninety (90) days to remove any existing donation collection containers. If a donation collection container is located within the city limits ninety (90) days after the effective date of this chapter, the city may remove and dispose of the donation collection container immediately. If a donation collection container is removed by the city, the operator shall be charged the actual costs of such removal, plus any applicable administrative or other costs and fees authorized to be collected by the city pursuant to federal, state, or local laws, rules and regulations, including this Code. Such charges, costs and fees shall be considered a debt to the city, and payment shall be a prerequisite to the issuance of any permit or other approvals by the city to the extent authorized by federal, state or local laws, rules or regulations.

(Ord. No. 2012-12, § 1(9.20.040), 12-6-2012)